IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24th DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.9156/2018 BETWEEN :
Mylari @ Mylarappa C., S/o Chikkalingayya Aged about 40 years Residing at No.292 Nagaiah Reddy Layout Gowribidanur Town Chikkaballapura District-561 208. (By Smt. Surti Chaganti, Advocate) AND :
… Petitioner The State of Karnataka by Gowribidanur Rural Police Station Represented by its State Public Prosecutor High Court Complex Bangalore-560 001.
… Respondent (By Sri K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.234/2018 of Gowribidanur Rural Police Station. Chikkaballapur District for the offence punishable under Section 306 r/w Section 34 of Indian Penal Code.
This Criminal Petition coming on for orders this day, the Court made the following:-
O R D E R The present petition is filed by the accused under Section 439 of Cr.P.C. praying to release him on bail in Crime No.234/2018 of Gowribidanur Police Station for the offences punishable under Section 306 r/w. Section 34 of IPC.
2. I have heard the learned counsel for the petitioner and the learned HCGP for the respondent- State.
3. Gist of the complaint is that the mother of the deceased filed the complaint alleging that deceased got married and having two children. He had availed a loan from some of the persons and the persons who advanced loan were pressurizing her son for payment of interest and as he was unable to pay the interest, about 15 days prior to the incident, accused persons came to the house of the deceased during mid night and picked up quarrel with him and threatened him with life and on 4.10.2018 at about 2.00 p.m. her son committed suicide. It is the accused persons who abetted the deceased to commit suicide. On the basis of the complaint a case has been registered.
4. It is submitted by the learned counsel for the petitioner that the complaint given by the mother of the deceased discloses the fact that the deceased was a gambler, was addicted to alcohol and heavily indebted. She has also stated in the complaint that because of his huge debts, he was under pressure and committed suicide. Subsequently after three days, the accused persons have been included in the said crime without there being any material to show that they have abetted the deceased to commit suicide. She further submitted that other accused persons have already been released on bail and on the ground of parity, the petitioner is entitled to be released on bail. She further submitted that the trial Court on the ground that the petitioner herein was secured on a body warrant in Crime No.203/2018 has not granted bail to him. She further submitted that the petitioner is ready to abide by any conditions and ready to offer sureties. On these grounds, she prayed to allow the petition.
5. Per contra, the learned HCGP vehemently argued and submitted that accused No.3 and other accused persons used to give loan to the persons and for recovery of the interest they used to harass them and as such on the previous day of the incident, the accused persons went to the house of the deceased and threatened him with life and because of the said act, the deceased committed suicide. He further submitted that the accused persons have harassed the deceased and because of mental pressure he committed suicide. There is prima facie material against the petitioner and as such he prays to dismiss the petition.
6. I have gone through the submissions made by the learned counsel for the parties and perused the records.
7. As could be seen from the contents of the complaint given by the mother of the deceased she has specifically stated that her son was a gambler, addicted to alcohol and was heavily indebted. He had taken heavy loan from various persons and because of that he committed suicide. Subsequently, she changed her version and she has stated that accused persons pressurized the deceased to pay the interest and as such they abetted him to commit suicide. Be that as it may, as could be seen from the records, other accused persons have already been released and on the ground of parity the petitioner is entitled to be released on bail. The alleged offences are not punishable with death or imprisonment for life. Hence, I feel that by imposing certain stringent conditions, if the petitioner is released on bail, it would meet the ends of justice.
Accordingly, the petition is allowed and accused No.3-petitioner herein is enlarged on bail in Crime No.234/2018 of Gowribidanur Rural Police Station, subject to the following conditions:-
i) Petitioner shall execute a personal bond for Rs.2,00,000/- (Rupees two Lakhs only) with two sureties for the like sum to the satisfaction of the trial Court.
ii) He shall not tamper with the prosecution witnesses directly or indirectly.
iii) He shall not leave the jurisdiction of the Court without prior permission.
Sd/- JUDGE *ck/-